Children's Online Privacy Protection Act (COPPA)

Question 1

Who does it apply to?

Answer 1

Operators- An operator is a person who operates a website and who collects personal information from users of such website or online service or offers products or services for sale through the website or online service.

Directed to children or actual knowledge that it is collecting or maintaining personal information from a child.

Question 2

To what activities does it apply?

Answer 2

Data collection on the internet.

Question 3

What does it obligate parties to do?

Answer 3

Clear and conspicuous notice of data collection. You cannot collect PI from a child.

Question 4

Are there any exceptions?

Answer 4

You can collect PI from a child only if you obtain verifiable parental consent.

Question 5

“Directed to Children” Factors

Answer 5

the subject matter;
visual content;
the use of animated characters or child-oriented activities and incentives;
music or other audio content;
age of models;
presence of child celebrities or celebrities who appeal to children;
language or other characteristics of the website or online service;
whether advertising promoting or appearing on the website or online service is directed to children;
competent and reliable empirical evidence regarding audience composition; and
evidence regarding the intended audience of the site or service.

Question 6

Verifiable Parental Consent methods

Answer 6

Consent form signed by parent and returned to operator by postal mail, facsimile, or electronic scan;
Parent uses credit cards, debit card, or other online payment system;
Parent calls toll-free telephone number staffed by trained personnel;
Parent connects with trained personnel via video-conference;
Verify parent’s identity by checking a form of government-issued ID against a database;
Provided that operate does not disclose child’s PI, parent may use an email address coupled with additional steps to provide assurance that the person is the parent (“email plus”).